Refine By
Clear all filter
About 91762 results for "*"
PRACTICE NOTES
This Practice Note considers the fixed costs regime for civil cases that are allocated to the fast track. It provides information on CPR PD 45, Table 12 in respect of the applicable fixed costs for fast track cases, which depends on complexity band assignment and the stage in which settlement is reached or whether the case proceeds to trial. It also considers the meaning of damages under CPR PD 45, Table 12 (fixed costs for fast track cases) and provides guidance on specialist legal advice and preliminary issues or separate trials. Guidance is also provided on potential points for practitioners to consider. Note, this Practice Note focuses on civil claims which come within CPR 45, Section VI (fixed costs in the fast track). For guidance on fixed costs in the intermediate track, see Practice Note: Fixed costs—intermediate track (position on or after 1 October 2023). For information on the general fixed costs provisions from 1 October 2023, see Practice Note: Fixed costs—position on or after 1 October 2023.
PRACTICE NOTES
Note, the extension of the fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where proceedings are issued on or after 1 October 2023. For personal injury cases, the extended fixed costs regime applies where the cause of action accrued on or after 1 October 2023 and for disease cases the extended fixed costs regime applies if the letter of claim was sent to the defendant on or after 1 October 2023. For information on the current fixed costs regime (from 1 October 2023), see Practice Note: Fixed costs—position on or after 1 October 2023. This Practice Note covers fixed trial costs in the fast track for fixed costs cases issued prior to 1 October 2023. These are costs the court may award as costs of the advocate preparing and appearing at trial. The amount depends on the value of the claim (Table 9 (rule 45.38(1))
PRACTICE NOTES
This Practice Note considers the fixed costs regime for civil cases that are allocated to the intermediate track. It provides information on CPR PD 45, Table 14 in respect of the applicable fixed costs for intermediate track cases, which depends on complexity band assignment and the stage in which settlement is reached or whether the case proceeds to trial. It also considers pre-issue costs, the costs of specialist legal advice and alternative dispute resolution (ADR) costs. Guidance is also provided on potential points for practitioners to consider. Note, this Practice Note focuses on civil claims which come within CPR 45, Section VII (fixed costs in the intermediate track). For guidance on cases that are allocated to the fast track under the fixed costs regime, see Practice Note: Fixed costs—fast track (position on or after 1 October 2023). For information on the general fixed costs provisions, see Practice Note: Fixed costs—position on or after 1 October 2023. For information on fixed costs for enforcement claims, money claims and land
PRACTICE NOTES
This Practice Note sets out the provisions that apply to determine fixed costs for land claims where the claim has been issued prior to 1 October 2023. It covers how to determine the fixed costs, additional costs that can be claimed and the costs of entering a judgment. Note, this Practice Note refers to the current fixed costs provisions for land claims. From 1 October 2023, the previous provisions and applicable Tables for land claims were renumbered in CPR 45 or moved to CPR PD 45. However, the actual provisions and Tables themselves have remained unchanged in respect of content. Types of claims These types of claims are: • CPR 45.16(2)(c)—claims for the recovery of land to include a possession claim or recovery of a dwelling including a Renting Homes possession claim under CPR 55 whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed costs stated in the claim form • CPR 45.16(2)(d)—claims for the recovery of land to include
PRACTICE NOTES
This Practice Note sets out the provisions that apply to determine fixed costs for money claims where judgment is entered or the defence has been struck out. In particular it sets out the fixed costs tables for these types of cases and looks at what constitutes a specific value and what happens if the defendant pays the claim. Note, this Practice Note refers to the current provisions on money claims where judgment is entered or the defence has been struck out. From 1 October 2023, the previous provisions and applicable Tables on fixed costs for money claims (entry of judgment) were renumbered in CPR 45 or moved to CPR PD 45. However, the actual provisions and Tables themselves have remained unchanged in respect of content other than a small amendment to the old Table (pre-1 October 2023) which is now CPR PD 45, Table 3 (fixed costs on entry of judgment in a claim for the recovery of money or goods). The old Table 2 referred to rules 14.4 (judgment on admission) and rule
PRACTICE NOTES
This Practice Note considers the fixed costs regime which applies to most civil claims with a value of no more than £100,000 that are issued on or after 1 October 2023 (except personal injury cases as the extended fixed costs regime applies where the cause of action accrued on or after 1 October 2023 and disease cases as the fixed costs regime applies where the letter of claim was sent to the defendant on or after 1 October 2023). This Practice Note provides guidance on the general provisions under CPR 45, Section I and explains the purpose of the fixed costs regime, the different categories of claims to which it applies and the applicable fixed costs. Note, this Practice Note largely focuses on the general provisions under CPR 45, Section I (general provisions) and does not cover the specific provisions under CPR 45, Section IV and CPR 45, Section V which apply to personal injury cases. For information on the specific provisions for fixed costs cases in the fast track under
PRACTICE NOTES
This Practice Note considers the fixed costs position prior to 1 October 2023. It explains the purpose of fixed costs and the different categories of claims and costs to which they are applicable. Note, the extension of the fixed costs came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where proceedings are issued on or after 1 October 2023. For personal injury cases the extended fixed costs regime applies to cases where the cause of action accrued on or after 1 October 2023 and for disease claims the extended fixed costs regime applies to cases where the letter of claim was sent on or after 1 October 2023. For further information, see Practice Note: Fixed costs—position on or after 1 October 2023. What are fixed costs? Fixed costs are costs which are recoverable costs prescribed by statute. As a consequence, these costs are not open to challenge by a paying party under the indemnity
CHECKLISTS
ARCHIVED: This Checklist is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only. This Checklist considers fixed costs in relation to recovery of money, land and demotion claims and fast track fixed trial costs. Provisions in relation to personal injury, patent claims, HMRC and environment are
CHECKLISTS
This Checklist outlines the costs arising for claims started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA protocol). NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). For a copy of Part 45 in force prior to 1 October 2023, see: Can more than fixed costs be recovered? London weighting There is a 12.5% increase on the fixed costs if the claimant lives or works and their instructed solicitor practises within one of the London areas set out CPR 45. Other circumstances For guidance on the other circumstances in which more than fixed costs may be recoverable, see Practice Note: Fixed costs in road traffic accident claims. Children There are specific fixed costs for infant approval hearings, named Type C fixed costs. The table for fixed costs
GLOSSARY
An interest-paying security, where the interest is calculated as a constant specified percentage of the principal amount and paid at the end of specified interest periods, usually annually or semi-annually until maturity.
GLOSSARY
Operators providing fixed as opposed to mobile telephony services.
GLOSSARY
(1) A bet is at fixed odds for the purposes of this Part only if, when making the bet, each of the persons making it knows or can know the amount the person will win, except in so far as that amount is to depend on— (a) the result of the event or events betted on, (b) any such event taking place or producing a result, (c) the numbers taking part in any such event, (d) the starting prices or totalisator odds for any such event, or (e) the time when the person's bet is received by any person with or through whom it is made. (2) A bet made with or through a person carrying on a business of receiving or negotiating bets and made in the course of that business is not a bet at fixed odds for the purposes of this Part if the winnings of the person by whom it is made consist or may consist wholly or in part of something other than money.